H-1B visa: who is eligible, and how do the registration and lottery process work?

Details / How it works

The H-1B classification applies to persons who will perform services in a specialty occupation, services of exceptional merit relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in a directly related specific specialty (or its equivalent) as a minimum for entry. The beneficiary must satisfy at least one of: a U.S. bachelor’s or higher degree from an accredited institution; a foreign equivalent degree; an unrestricted state license to fully practice the occupation; or education, training, and experience equivalent to a U.S. bachelor’s or higher degree.

For cap-subject H-1B petitions, the employer or agent (prospective petitioner) must first create a USCIS organizational account (not a personal applicant/petitioner/requestor account) and submit an electronic registration during the initial registration period—for FY 2027, that period opened at noon Eastern on March 4 and closed at 5 p.m. Eastern on March 19, 2026. Each registration is for a single beneficiary and requires a non-refundable $215 fee. Registrants must attest under penalty of perjury that the registration reflects a bona fide job offer and that they have not colluded with others to unfairly increase selection chances.

After the registration period closes, USCIS runs a weighted random selection process based on the highest Occupational Employment and Wage Statistics (OEWS) wage level that the beneficiary’s proffered wage equals or exceeds. If a beneficiary is selected, each registrant that registered that beneficiary receives a Registration Selection Notice and may file an H-1B cap-subject petition (using Form I-129 with a certified Labor Condition Application from the Department of Labor). The earliest filing date for FY 2027 cap-subject petitions is April 1, 2026.

The H-1B program remains subject to the annual numerical cap of 65,000 (regular cap) plus an additional 20,000 for beneficiaries with a U.S. master’s degree or higher (master’s cap). Certain employers (institutions of higher education, nonprofit research organizations, government research organizations, and their affiliated nonprofits) are cap-exempt and do not need to go through the lottery.

Numbers & thresholds

Note: As of July 2026, USCIS announced it has received enough petitions to reach both the regular cap and the master’s cap for FY 2027.

Exceptions & edge cases

Cap-exempt employers – H-1B workers petitioned or employed by institutions of higher education, nonprofit research organizations, government research organizations, and their affiliated or related nonprofit entities are not subject to the numerical cap and do not need to go through the lottery.

Concurrent cap-subject employment – An H-1B worker already in cap-exempt employment may engage in concurrent cap-subject employment while continuing the cap-exempt position, without being subject to the cap again within the same H-1B validity period.

Moving from cap-exempt to cap-subject – If a worker moves from cap-exempt to cap-subject employment, the new employer’s petition is subject to the cap and must go through the electronic registration process.

Duplicate registrations – A prospective petitioner may only submit one registration per beneficiary per fiscal year. If duplicates are filed (by the same petitioner or their representative), all registrations for that beneficiary by that petitioner are invalidated and removed from selection. The system provides a duplicate checker tool, but the burden remains on the registrant.

False attestations – At submission, registrants must certify under penalty of perjury that the registration contains a bona fide job offer and that no collusion occurred to unfairly increase selection chances. False attestations can lead to denial or revocation of petitions and may be referred for criminal prosecution.

H-1B extensions beyond 6 years – Under 8 CFR 214.2(h)(13)(iii)(E), a beneficiary may obtain extensions in up to 3-year increments if they are the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa petition and are eligible for that status but for per-country or worldwide visa limits. Under 8 CFR 214.2(h)(13)(iii)(D), extensions of up to 1-year increments are available if at least 365 days have passed since a labor certification or immigrant petition was filed.

Presidential Proclamation (since vacated) – On June 8, 2026, a federal court vacated the $100,000 payment requirement imposed by the September 2025 Presidential Proclamation for certain H-1B petitions. The government’s motion to stay was denied by the First Circuit on July 24, 2026. As of the latest guidance, DHS will comply with the court order but notes that if the order is later lifted, DHS still plans to collect the payment.